Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed

A BILL

To reauthorize the grant program for
reentry of offenders into the community in the Omnibus Crime Control and Safe
Streets Act of 1968, to improve reentry planning and implementation, and for
other purposes.

1.

Short title

This Act may be cited as the
Second Chance Act of 2007: Community
Safety Through Recidivism Prevention or the
Second Chance Act of
2007.

2.

Table of
contents

The table of contents
for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Findings.

Sec. 4. Submission of reports to Congress.

Title I—Amendments related to the Omnibus Crime Control and Safe
Streets Act of 1968

Subtitle A—Improvements to existing programs

Sec. 101. Reauthorization of adult and juvenile offender State
and local reentry demonstration projects.

Sec. 102. Improvement of the residential substance abuse
treatment for State offenders program.

In 2002, over 7,000,000 people were
incarcerated in Federal, State, or local prisons or jails, or were under parole
or court supervision. Nearly 650,000 people are released from Federal and State
incarceration into communities nationwide each year.

(2)

There are over
3,200 jails throughout the United States, the vast majority of which are
operated by county governments. Each year, these jails will release more than
10,000,000 people back into the community.

(3)

Nearly
2/3 of released State prisoners are expected to be
rearrested for a felony or serious misdemeanor within 3 years after
release.

(4)

According to the
Bureau of Justice Statistics, expenditures on corrections alone increased from
$9,000,000,000 in 1982 to $59,600,000,000 in 2002. These figures do not include
the cost of arrest and prosecution, nor do they take into account the cost to
victims.

(5)

The Serious and
Violent Offender Reentry Initiative provided $139,000,000 in funding for State
governments to develop and implement education, job training, mental health
treatment, and substance abuse treatment for serious and violent offenders.
This Act seeks to build upon the innovative and successful State reentry
programs developed under the Serious and Violent Offender Reentry Initiative,
which terminated after fiscal year 2005.

(6)

Between 1991 and
1999, the number of children with a parent in a Federal or State correctional
facility increased by more than 100 percent, from approximately 900,000 to
approximately 2,000,000. According to the Bureau of Prisons, there is evidence
to suggest that inmates who are connected to their children and families are
more likely to avoid negative incidents and have reduced sentences.

(7)

Released prisoners
cite family support as the most important factor in helping them stay out of
prison. Research suggests that families are an often underutilized resource in
the reentry process.

(8)

Approximately
100,000 juveniles (ages 17 years and under) leave juvenile correctional
facilities, State prison, or Federal prison each year. Juveniles released from
secure confinement still have their likely prime crime years ahead of them.
Juveniles released from secure confinement have a recidivism rate ranging from
55 to 75 percent. The chances that young people will successfully transition
into society improve with effective reentry and aftercare programs.

(9)

Studies have shown
that between 15 percent and 27 percent of prisoners expect to go to homeless
shelters upon release from prison.

(10)

Fifty-seven
percent of Federal and 70 percent of State inmates used drugs regularly before
going to prison, and the Bureau of Justice Statistics report titled
Trends in State Parole, 1990–2000 estimates the use of drugs or
alcohol around the time of the offense that resulted in the incarceration of
the inmate at as high as 84 percent.

(11)

Family-based
treatment programs have proven results for serving the special populations of
female offenders and substance abusers with children. An evaluation by the
Substance Abuse and Mental Health Services Administration of family-based
treatment for substance-abusing mothers and children found that 6 months after
such treatment, 60 percent of the mothers remained alcohol and drug free, and
drug-related offenses declined from 28 percent to 7 percent. Additionally, a
2003 evaluation of residential family-based treatment programs revealed that 60
percent of mothers remained clean and sober 6 months after treatment, criminal
arrests declined by 43 percent, and 88 percent of the children treated in the
program with their mothers remained stabilized.

(12)

A
Bureau of Justice Statistics analysis indicated that only 33 percent of Federal
inmates and 36 percent of State inmates had participated in residential
in-patient treatment programs for alcohol and drug abuse 12 months before their
release. Further, over 1/3 of all jail inmates have some
physical or mental disability and 25 percent of jail inmates have been treated
at some time for a mental or emotional problem.

(13)

State Substance Abuse Agency Directors,
also known as Single State Authorities (SSAs), manage the Nation’s publicly
funded substance abuse prevention and treatment systems. SSAs are responsible
for planning and implementing State-wide systems of care that provide
clinically appropriate substance abuse services. Given the high rate of
substance use disorders among offenders reentering our communities, successful
reentry programs require close interaction and collaboration with SSAs when
planning, implementing, and evaluating reentry programs.

(14)

According to the
National Institute of Literacy, 70 percent of all prisoners function at the
lowest literacy levels.

(15)

Less than 32
percent of State prison inmates have a high school diploma or a higher level of
education, compared to 82 percent of the general population.

(16)

Approximately 38
percent of inmates who completed 11 years or less of school were not working
before entry into prison.

(17)

The percentage of
State prisoners participating in educational programs decreased by more than 8
percent between 1991 and 1997, despite growing evidence of how educational
programming while incarcerated reduces recidivism.

(18)

The National
Institute of Justice has found that 1 year after release, up to 60 percent of
former inmates are not employed.

(19)

Transitional jobs
programs have proven to help people with criminal records to successfully
return to the workplace and to the community, and therefore can reduce
recidivism.

4.

Submission of
reports to Congress

Not later
than January 31 of each year, the Attorney General shall submit all reports
received under this Act and the amendments made by this Act during the
preceding year to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives.

I

Amendments related
to the Omnibus Crime Control and Safe Streets Act of 1968

A

Improvements to
existing programs

101.

Reauthorization
of adult and juvenile offender State and local reentry demonstration
projects

(a)

Adult and
juvenile offender demonstration projects authorized

Section
2976(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797w(b)) is amended by striking paragraphs (1) through (4) and inserting the
following:

(1)

establishing or
improving the system or systems under which—

(A)

correctional
agencies and other criminal and juvenile justice agencies of the grant
recipient develop and carry out plans to facilitate the reentry into the
community of each offender in the custody of the jurisdiction involved;

(B)

the supervision
and services provided to offenders in the custody of the jurisdiction involved
are coordinated with the supervision and services provided to offenders after
reentry into the community, including coordination with Comprehensive and
Continuous Offender Reentry Task Forces under section 2902 or with similar
planning groups;

(C)

the efforts of
various public and private entities to provide supervision and services to
offenders after reentry into the community, and to family members of such
offenders, are coordinated; and

(D)

offenders awaiting
reentry into the community are provided with documents (such as identification
papers, referrals to services, medical prescriptions, job training
certificates, apprenticeship papers, and information on obtaining public
assistance) useful in achieving a successful transition from prison, jail, or a
juvenile facility;

(2)

carrying out
programs and initiatives by units of local government to strengthen reentry
services for individuals released from local jails, including coordination with
Comprehensive and Continuous Offender Reentry Task Forces under section 2902 or
with similar planning groups;

(3)

assessing the
literacy, educational, and vocational needs of offenders in custody and
identifying and providing services appropriate to meet those needs, including
follow-up assessments and long-term services;

(4)

facilitating
collaboration among corrections (including community corrections), technical
schools, community colleges, businesses, nonprofit, and the workforce
development and employment service sectors—

(A)

to promote, where
appropriate, the employment of people released from prison, jail, or a juvenile
facility through efforts such as educating employers about existing financial
incentives;

(B)

to facilitate the
creation of job opportunities, including transitional jobs and time-limited
subsidized work experience (where appropriate);

(C)

to connect
offenders to employment (including supportive employment and employment
services before their release to the community), provide work supports
(including transportation and retention services), as appropriate, and identify
labor market needs to ensure that education and training are appropriate;
and

(D)

to address
obstacles to employment that are not directly connected to the offense
committed and the risk that the offender presents to the community and provide
case management services as necessary to prepare offenders for jobs that offer
the potential for advancement and growth;

(5)

providing offenders
with education, job training, responsible parenting and healthy relationship
skills training (designed specifically to address the needs of fathers and
mothers in or transitioning from prison, jail, or a juvenile facility), English
literacy education, work experience programs, self-respect and life skills
training, and other skills useful in achieving a successful transition from
prison, jail, or a juvenile facility;

(6)

providing
structured post-release housing and transitional housing (including group homes
for recovering substance abusers (with appropriate safeguards that may include
single-gender housing)) through which offenders are provided supervision and
services immediately following reentry into the community;

(7)

assisting
offenders in securing permanent housing upon release or following a stay in
transitional housing;

(8)

providing
substance abuse treatment and services, including providing a full continuum of
substance abuse treatment services that encompasses outpatient services,
comprehensive residential services and recovery, and recovery home services to
offenders reentering the community from prison, jail, or a juvenile
facility;

(9)

expanding
family-based drug treatment centers that offer family-based comprehensive
treatment services for parents and their children as a complete family unit, as
appropriate to the safety, security, and well-being of the family;

(10)

encouraging
collaboration among juvenile and adult corrections, community corrections, and
community health centers to allow access to affordable and quality primary
health care for offenders during the period of transition from prison, jail, or
a juvenile facility;

(11)

providing or
facilitating health care services to offenders (including substance abuse
screening, treatment, and aftercare, infectious disease screening and
treatment, and screening, assessment, and aftercare for mental health services)
to protect the communities in which offenders will live;

(12)

enabling prison,
jail, or juvenile facility mentors of offenders to remain in contact with those
offenders (including through the use of all available technology) while in
prison, jail, or a juvenile facility and after reentry into the community, and
encouraging the involvement of prison, jail, or a juvenile facility mentors in
the reentry process;

(13)

systems under which
family members of offenders are involved in facilitating the successful reentry
of those offenders into the community (as appropriate to the safety, security,
and well-being of the family), including removing obstacles to the maintenance
of family relationships while the offender is in custody, strengthening the
family’s capacity to function as a stable living situation during reentry, and
involving family members in the planning and implementation of the reentry
process;

to help offenders
with a history or identified risk of domestic violence, dating violence, sexual
assault, or stalking reconnect with their families and communities (as
appropriate to the safety, security, and well-being of the family), and become
non-abusive parents or partners; and

(B)

under which
particular attention is paid to the safety of children affected and the
confidentiality concerns of victims, and efforts are coordinated with victim
service providers;

(15)

maintaining the
parent-child relationship, as appropriate to the safety, security, and
well-being of the child as determined by the relevant corrections and child
protective services agencies, including—

(A)

implementing
programs in correctional agencies to include the collection of information
regarding any dependent children of an offender as part of intake procedures,
including the number, age, and location or jurisdiction of such
children;

(B)

connecting those
identified children with services as appropriate and needed;

(C)

carrying out
programs (including mentoring) that support children of incarcerated parents,
including those in foster care and those cared for by grandparents or other
relatives (which is commonly referred to as kinship care);

(D)

developing
programs and activities (including mentoring) that support parent-child
relationships, as appropriate to the safety, security, and well-being of the
family, including technology to promote the parent-child relationship and to
facilitate participation in parent-teacher conferences, books on tape programs,
family days, and visitation areas for children while visiting an incarcerated
parent;

addressing
visitation obstacles to children of an incarcerated parent, such as the
location of facilities in remote areas, telephone costs, mail restrictions, and
visitation policies; and

(G)

identifying and
addressing obstacles to collaborating with child welfare agencies in the
provision of services jointly to offenders in custody and to the children of
such offenders;

(16)

carrying out
programs for the entire family unit, including the coordination of service
delivery across agencies;

(17)

facilitating and
encouraging timely and complete payment of restitution and fines by offenders
to victims and the community;

(18)

providing
services as necessary to victims upon release of offenders, including security
services and counseling, and facilitating the inclusion of victims, on a
voluntary basis, in the reentry process;

(19)

establishing or
expanding the use of reentry courts and other programs to—

provide and
coordinate the delivery of other community services to offenders,
including—

(i)

employment
training;

(ii)

education;

(iii)

housing
assistance;

(iv)

children and
family support, to include responsible parenting and healthy relationship skill
training designed specifically to address the needs of incarcerated and
transitioning fathers and mothers;

(v)

conflict
resolution skills training;

(vi)

family violence
intervention programs; and

(vii)

other
appropriate services; and

(E)

establish and
implement graduated sanctions and incentives;

(20)

developing a case
management reentry program that—

(A)

provides services
to eligible veterans, as defined by the Attorney General; and

(B)

provides for a
reentry service network solely for such eligible veterans that coordinates
community services and veterans services for offenders who qualify for such
veterans services; and

(21)

protecting
communities against dangerous offenders, including—

(A)

conducting studies
in collaboration with Federal research initiatives in effect on the date of
enactment of the Second Chance Act of
2007, to determine which offenders are returning to prisons,
jails, and juvenile facilities and which of those returning offenders represent
the greatest risk to community safety;

(B)

developing and
implementing procedures to assist relevant authorities in determining when
release is appropriate and in the use of data to inform the release
decision;

(C)

using validated
assessment tools to assess the risk factors of returning inmates, and
developing or adopting procedures to ensure that dangerous felons are not
released from prison prematurely; and

(D)

developing and
implementing procedures to identify efficiently and effectively those violators
of probation, parole, or post-incarceration supervision who represent the
greatest risk to community
safety.

.

(b)

Juvenile
offender demonstration projects reauthorized

Section 2976(c) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(c)) is
amended by striking may be expended for and all that follows
through the period at the end and inserting may be expended for any
activity referred to in subsection (b)..

(c)

Applications;
requirements; priorities; performance measurements

Section 2976
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is
further amended—

(1)

by
redesignating subsection (h) as subsection (o); and

(2)

by striking
subsections (d) through (g) and inserting the following:

(d)

Applications

A
State, unit of local government, territory, or Indian tribe, or combination
thereof, desiring a grant under this section shall submit an application to the
Attorney General that—

(1)

contains a reentry
strategic plan, as described in subsection (h), which describes the long-term
strategy and incorporates a detailed implementation schedule, including the
plans of the applicant to pay for the program after the Federal funding is
discontinued;

(2)

identifies the
local government role and the role of governmental agencies and nonprofit
organizations that will be coordinated by, and that will collaborate on, the
offender reentry strategy of the applicant and certifies their involvement;
and

(3)

describes the evidence-based methodology
and outcome measures that will be used to evaluate the program, and
specifically explains how such measurements will provide valid measures of the
program’s impact.

(e)

Requirements

The
Attorney General may make a grant to an applicant under this section only if
the application—

(1)

reflects explicit
support of the chief executive officer of the State, unit of local government,
territory, or Indian tribe applying for a grant under this section;

(2)

provides extensive
discussion of the role of State corrections departments, community corrections
agencies, juvenile justice systems, or local jail systems in ensuring
successful reentry of offenders into their communities;

(3)

provides extensive
evidence of collaboration with State and local government agencies overseeing
health, housing, child welfare, education, substance abuse, victims services,
and employment services, and with local law enforcement;

(4)

provides a plan for analysis of the
statutory, regulatory, rules-based, and practice-based hurdles to reintegration
of offenders into the community; and

(5)

includes the use
of a State, local, territorial, or tribal task force, described in subsection
(i), to carry out the activities funded under the grant.

(f)

Priority
considerations

The Attorney General shall give priority to grant
applications under this section that best—

(1)

focus initiative
on geographic areas with a disproportionate population of offenders released
from prisons, jails, and juvenile facilities;

(2)

include—

(A)

input from
nonprofit organizations, in any case where relevant input is available and
appropriate to the grant application;

(B)

consultations with
crime victims and offenders who are released from prisons, jails, and juvenile
facilities; and

(C)

coordination with
families of offenders;

(3)

demonstrate
effective case assessment and management abilities in order to provide
comprehensive and continuous reentry, including—

(A)

planning while
offenders are in prison, jail, or a juvenile facility, pre-release transition
housing, and community release;

(B)

establishing
pre-release planning procedures to ensure that the eligibility of an offender
for Federal or State benefits upon release is established prior to release,
subject to any limitations in law, and to ensure that offenders obtain all
necessary referrals for reentry services; and

(C)

delivery of
continuous and appropriate drug treatment, medical care, job training and
placement, educational services, or any other service or support needed for
reentry;

(4)

review the process
by which the applicant adjudicates violations of parole, probation, or
supervision following release from prison, jail, or a juvenile facility, taking
into account public safety and the use of graduated, community-based sanctions
for minor and technical violations of parole, probation, or supervision
(specifically those violations that are not otherwise, and independently, a
violation of law);

(5)

provide for an
independent evaluation of reentry programs that include, to the maximum extent
possible, random assignment and controlled studies to determine the
effectiveness of such programs; and

Except as provided in subparagraph (B), the Federal share
of a grant received under this section may not exceed 75 percent of the project
funded under such grant in fiscal year 2008.

(B)

Waiver

Subparagraph
(A) shall not apply if the Attorney General—

(i)

waives, in whole or
in part, the requirement of this paragraph; and

(ii)

publishes in the
Federal Register the rationale for the waiver.

(2)

Supplement not
supplant

Federal funds received under this section shall be used
to supplement, not supplant, non-Federal funds that would otherwise be
available for the activities funded under this section.

(h)

Reentry
strategic plan

(1)

In
general

As a condition of
receiving financial assistance under this section, each applicant shall develop
a comprehensive strategic reentry plan that contains measurable annual and
5-year performance outcomes, and that uses, to the maximum extent possible,
random assigned and controlled studies to determine the effectiveness of the
program. One goal of the plan shall be to reduce the rate of recidivism (as
defined by the Attorney General, consistent with the research on offender
reentry undertaken by the Bureau of Justice Statistics) for offenders released
from prison, jail, or a juvenile facility who are served with funds made
available under this section.

(2)

Coordination

In
developing a reentry plan under this subsection, an applicant shall coordinate
with communities and stakeholders, including persons in the fields of public
safety, juvenile and adult corrections, housing, health, education, substance
abuse, children and families, victims services, employment, and business and
members of nonprofit organizations that can provide reentry services.

(3)

Measurements of
progress

Each reentry plan developed under this subsection shall
measure the progress of the applicant toward increasing public safety by
reducing rates of recidivism and enabling released offenders to transition
successfully back into their communities.

(i)

Reentry task
force

(1)

In
general

As a condition of receiving financial assistance under
this section, each applicant shall establish or empower a Reentry Task Force,
or other relevant convening authority, to—

(A)

examine ways to
pool resources and funding streams to promote lower recidivism rates for
returning offenders and minimize the harmful effects of offenders’ time in
prison, jail, or a juvenile facility on families and communities of offenders
by collecting data and best practices in offender reentry from demonstration
grantees and other agencies and organizations; and

(B)

provide the
analysis described in subsection (e)(4).

(2)

Membership

The
task force or other authority under this subsection shall be comprised
of—

(A)

relevant State,
tribal, territorial, or local leaders; and

(B)

representatives of
relevant—

(i)

agencies;

(ii)

service
providers;

(iii)

nonprofit
organizations; and

(iv)

stakeholders.

(j)

Strategic
performance outcomes

(1)

In
general

Each applicant shall identify in the reentry strategic
plan developed under subsection (h), specific performance outcomes related to
the long-term goals of increasing public safety and reducing recidivism.

(2)

Performance
outcomes

The performance outcomes identified under paragraph (1)
shall include, with respect to offenders released back into the
community—

(A)

reduction in
recidivism rates, which shall be reported in accordance with the measure
selected by the Director of the Bureau of Prisons under section 234(c)(2) of
the Second Chance Act of
2007;

A grantee under this section may include in their
reentry strategic plan other performance outcomes that increase the success
rates of offenders who transition from prison, jails, or juvenile
facilities.

(4)

Coordination

A
grantee under this section shall coordinate with communities and stakeholders
about the selection of performance outcomes identified by the applicant, and
shall consult with the Attorney General for assistance with data collection and
measurement activities as provided for in the grant application
materials.

(5)

Report

(A)

In
general

Each grantee under this section shall submit an annual
report to the Attorney General that—

(i)

identifies the
progress of the grantee toward achieving its strategic performance outcomes;
and

(ii)

describes other
activities conducted by the grantee to increase the success rates of the
reentry population, such as programs that foster effective risk management and
treatment programming, offender accountability, and community and victim
participation.

(B)

Submission to
Congress

On an annual basis, the Attorney General shall submit
all reports received under this paragraph during the previous year to the
Committee on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives.

(k)

Performance
measurement

(1)

In
general

The Attorney General, in consultation with grantees under
this section, shall—

(A)

identify primary
and secondary sources of information to support the measurement of the
performance indicators identified under this section;

(B)

identify sources
and methods of data collection in support of performance measurement required
under this section;

(C)

provide to all
grantees technical assistance and training on performance measures and data
collection for purposes of this section; and

(D)

consult with the
Substance Abuse and Mental Health Services Administration and the National
Institute on Drug Abuse on strategic performance outcome measures and data
collection for purposes of this section relating to substance abuse and mental
health.

(2)

Coordination

The
Attorney General shall coordinate with other Federal agencies to identify
national and other sources of information to support performance measurement of
grantees.

(3)

Standards for
analysis

Any statistical analysis of population data conducted
pursuant to this section shall be conducted in accordance with the Federal
Register Notice dated October 30, 1997, relating to classification
standards.

(l)

Future
eligibility

To be eligible to receive a grant under this section
in any fiscal year after the fiscal year in which a grantee receives a grant
under this section, a grantee shall submit to the Attorney General such
information as is necessary to demonstrate that—

(1)

the grantee has
adopted a reentry plan that reflects input from nonprofit organizations, in any
case where relevant input is available and appropriate to the grant
application;

(2)

the reentry plan
of the grantee includes performance measures to assess the progress of the
grantee toward increasing public safety by reducing the rate at which
individuals released from prisons, jails, or juvenile facilities who
participate in the reentry system supported by Federal funds are recommitted to
prisons, jails, or juvenile facilities; and

(3)

the grantee will
coordinate with the Attorney General, nonprofit organizations (if relevant
input from nonprofit organizations is available and appropriate), and other
experts regarding the selection and implementation of the performance measures
described in subsection (k).

(m)

National adult
and juvenile offender reentry resource center

(1)

Authority

The
Attorney General may, using amounts made available to carry out this
subsection, make a grant to an eligible organization to provide for the
establishment of a National Adult and Juvenile Offender Reentry Resource
Center.

(2)

Eligible
organization

An organization
eligible for the grant under paragraph (1) is any national nonprofit
organization approved by the Interagency Task Force on Federal Programs and
Activities Relating to the Reentry of Offenders Into the Community, that
provides technical assistance and training to, and has special expertise and
broad, national-level experience in, offender reentry programs, training, and
research.

(3)

Use of
funds

The organization receiving the grant under paragraph (1)
shall establish a National Adult and Juvenile Offender Reentry Resource Center
to—

disseminate
information to States and other relevant entities about best practices, policy
standards, and research findings;

(E)

develop and
implement procedures to assist relevant authorities in determining when release
is appropriate and in the use of data to inform the release decision;

(F)

develop and
implement procedures to identify efficiently and effectively those violators of
probation, parole, or supervision following release from prison, jail, or a
juvenile facility who should be returned to prisons, jails, or juvenile
facilities and those who should receive other penalties based on defined,
graduated sanctions;

(G)

collaborate with the Interagency Task Force
on Federal Programs and Activities Relating to the Reentry of Offenders Into
the Community, and the Federal Resource Center for Children of
Prisoners;

(H)

develop a national
reentry research agenda;

(I)

bridge the gap
between reentry research and practice by translating knowledge from research
into practical information; and

(J)

establish a
database to enhance the availability of information that will assist offenders
in areas such as housing, employment, counseling, mentoring, medical and mental
health services, substance abuse treatment, transportation, and daily living
skills.

(4)

Limit

Of
amounts made available to carry out this section, not more than 4 percent shall
be available to carry out this subsection.

(n)

Administration

Of
amounts made available to carry out this section—

(1)

not more than 2
percent shall be available for administrative expenses in carrying out this
section; and

(2)

not more than 2
percent shall be made available to the National Institute of Justice to
evaluate the effectiveness of the demonstration projects funded under this
section, using a methodology that—

(A)

includes, to the
maximum extent feasible, random assignment of offenders (or entities working
with such persons) to program delivery and control groups; and

(B)

generates evidence
on which reentry approaches and strategies are most
effective.

.

(d)

Grant
authorization

Section 2976(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797w(a)) is amended by striking
States, Territories and all that follows through the period at
the end and inserting the following: States, local governments,
territories, or Indian tribes, or any combination thereof, in partnership with
stakeholders, service providers, and nonprofit organizations..

(e)

Authorization of
appropriations

Section 2976(o) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797w), as so redesignated by subsection
(c) of this section, is amended—

(1)

in paragraph (1),
by striking $15,000,000 for fiscal year 2003 and all that
follows and inserting $65,000,000 for fiscal year 2008, and $65,000,000
for fiscal year 2009.; and

(2)

by
amending paragraph (2) to read as follows:

(2)

Limitation

Of the amount made available to carry out
this section in any fiscal year, not more than 3 percent or less than 2 percent
may be used for technical assistance and
training.

.

102.

Improvement of the
residential substance abuse treatment for State offenders program

(a)

Requirement for
aftercare component

Section
1902(c) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ff–1(c)), is amended—

(1)

by striking the
subsection heading and inserting Requirement for Aftercare Component.—;
and

(2)

by
amending paragraph (1) to read as follows:

(1)

To be eligible for funding under this part,
a State shall ensure that individuals who participate in the substance abuse
treatment program established or implemented with assistance provided under
this part will be provided with aftercare services, which may include case
management services and a full continuum of support services that ensure
providers furnishing services under the program are approved by the appropriate
State or local agency, and licensed, if necessary, to provide medical treatment
or other health
services.

.

(b)

Definition

Section
1904(d) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ff–3(d)) is amended to read as
follows:

(d)

Residential
substance abuse treatment program defined

In this part, the term residential
substance abuse treatment program means a course of comprehensive
individual and group substance abuse treatment services, lasting a period of at
least 6 months, in residential treatment facilities set apart from the general
population of a prison or jail, which may include the use of pharmacological
treatment, where appropriate, that may extend beyond such
period.

.

(c)

Requirement for
Study and report on aftercare services

The Attorney General,
through the National Institute of Justice, and in consultation with the
National Institute on Drug Abuse, shall conduct a study on the use and
effectiveness of funds used by the Department of Justice for aftercare services
under section 1902(c) of the Omnibus Crime Control and Safe Streets Act of
1968, as amended by subsection (a) of this section, for offenders who reenter
the community after completing a substance abuse program in prison or
jail.

B

New and Innovative
Programs to Improve Offender Reentry Services

111.

State and local
reentry courts

(a)

In
general

Part FF of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797w et seq.), as amended by section 101, is
further amended by inserting at the end the following:

2978.

State and local
reentry courts

(a)

Grants
authorized

The Attorney General shall award grants, in accordance
with this section, of not more than $500,000 to—

(1)

State and local
courts; and

(2)

State agencies,
municipalities, public agencies, nonprofit organizations, territories, and
Indian tribes that have agreements with courts to take the lead in establishing
a reentry court (as described in section 2976(b)(19)).

(b)

Use of grant
funds

Grant funds awarded under this section shall be
administered in accordance with such guidelines, regulations, and procedures as
promulgated by the Attorney General, and may be used to—

(1)

monitor juvenile
and adult offenders returning to the community;

(2)

provide juvenile and adult offenders
returning to the community with coordinated and comprehensive reentry services
and programs such as—

(A)

drug and alcohol
testing and assessment for treatment;

(B)

assessment for substance abuse from a
substance abuse professional who is approved by the State and licensed by the
appropriate entity to provide alcohol and drug addiction treatment, as
appropriate;

(C)

substance abuse
treatment from a provider that is approved by the State, and licensed, if
necessary, to provide medical and other health services;

provide and
coordinate the delivery of community services to juvenile and adult offenders,
including—

(A)

housing
assistance;

(B)

education;

(C)

employment
training;

(D)

conflict resolution
skills training;

(E)

batterer
intervention programs; and

(F)

other appropriate
social services; and

(5)

establish and
implement graduated sanctions and incentives.

(c)

Rule of
construction

Nothing in this section shall be construed as
preventing a grantee that operates a drug court under part EE at the time a
grant is awarded under this section from using funds from such grant to
supplement the drug court under part EE in accordance with paragraphs (1)
through (5) of subsection (b).

(d)

Application

To
be eligible for a grant under this section, an entity described in subsection
(a) shall, in addition to any other requirements required by the Attorney
General, submit to the Attorney General an application that—

(1)

describes the
program to be assisted under this section and the need for such program;

(2)

describes a
long-term strategy and detailed implementation plan for such program, including
how the entity plans to pay for the program after the Federal funding
ends;

(3)

identifies the
governmental and community agencies that will be coordinated by the
project;

(4)

certifies
that—

(A)

all agencies
affected by the program, including existing community corrections and parole
entities, have been appropriately consulted in the development of the
program;

(B)

there will be
appropriate coordination with all such agencies in the implementation of the
program; and

(C)

there will be
appropriate coordination and consultation with the Single State Authority for
Substance Abuse (as defined in section 201(e) of the Second Chance Act of 2007)
of the State; and

(5)

describes the
methodology and outcome measures that will be used to evaluate the
program.

(e)

Matching
requirements

The Federal share of a grant under this section may
not exceed 75 percent of the costs of the project assisted by such grant unless
the Attorney General—

(1)

waives, wholly or
in part, the matching requirement under this subsection; and

(2)

publicly
delineates the rationale for the waiver.

(f)

Annual
report

Each entity receiving a grant under this section shall
submit to the Attorney General, for each fiscal year in which funds from the
grant are expended, a report, at such time and in such manner as the Attorney
General may reasonably require, that contains—

(1)

a summary of the
activities carried out under the program assisted by the grant;

(2)

an assessment of
whether the activities are meeting the need for the program identified in the
application submitted under subsection (d); and

(3)

such other
information as the Attorney General may require.

(g)

Authorization of
Appropriations

(1)

In
general

There are authorized to be appropriated $10,000,000 for
each of fiscal years 2008 and 2009 to carry out this section.

(2)

Limitations

Of
the amount made available to carry out this section in any fiscal year—

(A)

not more than 2
percent may be used by the Attorney General for salaries and administrative
expenses; and

(B)

not more than 5
percent nor less than 2 percent may be used for technical assistance and
training.

.

112.

Grants for
comprehensive and continuous offender reentry task forces

Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is further amended by
inserting after part BB the following new part:

CC

Grants for
comprehensive and continuous offender reentry task forces

2901.

Authorization

The Attorney General shall carry out a grant
program under which the Attorney General makes grants to States, units of local
government, territories, Indian tribes, and other public and private entities
for the purpose of establishing and administering task forces (to be known as
Comprehensive and Continuous Offender Reentry Task Forces), in
accordance with this part.

2902.

Comprehensive
and Continuous Offender Reentry Task Forces

(a)

In
general

For purposes of this part, a Comprehensive and Continuous
Offender Reentry Task Force is a planning group of a State, unit of local
government, territory, or Indian tribe that—

(1)

develops a
community reentry plan, described in
section 2903, for each juvenile and adult
offender to be released from a correctional facility in the applicable
jurisdiction;

(2)

supervises and
assesses the progress of each such offender, with respect to such plan,
starting on a date before the offender is released from a correctional facility
and ending on the date on which the court supervision of such offender
ends;

(3)

conducts a detailed assessment of the needs
of each offender to address employment training, medical care, drug treatment,
education, and any other identified need of the offender to assist in the
offender’s reentry;

(4)

demonstrates
affirmative steps to implement such a community reentry plan by consulting and
coordinating with other public and nonprofit entities, as appropriate;

(5)

establishes appropriate measurements for
determining the efficacy of such community reentry plans by monitoring offender
performance under such reentry plans;

(6)

complies with applicable State, local,
territorial, and tribal rules and regulations regarding the provision of
applicable services and treatment in the applicable jurisdiction; and

(7)

consults and
coordinates with the Single State Authority for Substance Abuse (as defined in
section 201(e) of the Second Chance Act of 2007) and the criminal justice
agencies of the State to ensure that offender reentry plans are coordinated and
delivered in the most cost-effective manner, as determined by the Attorney
General, in consultation with the grantee.

(b)

Consultation
required

A Comprehensive and
Continuous Offender Reentry Task Force for a county or other defined geographic
area shall perform the duties described in paragraphs (1) and (2) of
subsection (a) in consultation with
representatives of—

(1)

the criminal and
juvenile justice and correctional facilities within the county or area;

(2)

the community
health care services of the county or area;

(3)

the drug treatment
programs of the county or area;

(4)

the employment
opportunities available in the county or area;

(5)

housing
opportunities available in the county or area; and

(6)

any other
appropriate community services available in the county or area.

2903.

Community
reentry plan described

For
purposes of
section 2902(a)(1), a community
reentry plan for an offender is a plan relating to the reentry of the offender
into the community and, according to the needs of the offender, shall—

(1)

identify
employment opportunities and goals;

(2)

identify housing
opportunities;

(3)

provide for any
needed drug treatment;

(4)

provide for any
needed mental health services;

(5)

provide for any
needed health care services;

(6)

provide for any
needed family counseling;

(7)

provide for
offender case management programs or services; and

(8)

provide for any
other service specified by the Comprehensive and Continuous Offender Reentry
Task Force as necessary for the offender.

2904.

Application

To be eligible for a grant under this part,
a State or other relevant entity shall submit to the Attorney General an
application in such form and manner and at such time as the Attorney General
specifies. Such application shall contain such information as the Attorney
General specifies.

2905.

Rule of
construction

Nothing in this
part shall be construed as supplanting or modifying a sentence imposed by a
court, including any terms of supervision.

2906.

Reports

An entity that receives funds under this
part for a Comprehensive and Continuous Offender Reentry Task Force during a
fiscal year shall submit to the Attorney General, not later than a date
specified by the Attorney General, a report that describes and evaluates the
effectiveness of such Task Force during such fiscal year.

2907.

Authorization
of appropriations

There are
authorized to be appropriated $10,000,000 to carry out this section for each of
fiscal years 2008 and
2009.

.

113.

Prosecution drug
treatment alternative to prison programs

(a)

Authorization

Title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), as amended by
section 112 of this Act, is further amended
by inserting after section 2907 the following new part:

DD

Prosecution drug
treatment alternative to prison programs

2911.

Grant
authority

(a)

In
general

The Attorney General may make grants to State and local
prosecutors to develop, implement, or expand qualified drug treatment programs
that are alternatives to imprisonment, in accordance with this section.

(b)

Qualified drug
treatment programs described

For purposes of this part, a
qualified drug treatment program is a program—

(1)

that is
administered by a State or local prosecutor;

(2)

that requires an
eligible offender who is sentenced to participate in the program (instead of
incarceration) to participate in a comprehensive substance abuse treatment
program that is approved by the State and licensed, if necessary, to provide
medical and other health services;

(3)

that requires an
eligible offender to receive the consent of the State or local prosecutor
involved to participate in such program;

(4)

that, in the case
of an eligible offender who is sentenced to participate in the program,
requires the offender to serve a sentence of imprisonment with respect to the
crime involved if the prosecutor, in conjunction with the treatment provider,
determines that the offender has not successfully completed the relevant
substance abuse treatment program described in paragraph (2);

(5)

that provides for
the dismissal of the criminal charges involved in an eligible offender’s
participation in the program if the offender is determined to have successfully
completed the program;

(6)

that requires each
substance abuse provider treating an eligible offender under the program
to—

(A)

make periodic
reports of the progress of the treatment of that offender to the State or local
prosecutor involved and to the appropriate court in which the defendant was
convicted; and

(B)

notify such
prosecutor and such court if the offender absconds from the facility of the
treatment provider or otherwise violates the terms and conditions of the
program, consistent with Federal and State confidentiality requirements;
and

(7)

that has an
enforcement unit comprised of law enforcement officers under the supervision of
the State or local prosecutor involved, the duties of which shall include
verifying an offender’s addresses and other contacts, and, if necessary,
locating, apprehending, and arresting an offender who has absconded from the
facility of a substance abuse treatment provider or otherwise violated the
terms and conditions of the program, consistent with Federal and State
confidentiality requirements, and returning such offender to court for
sentencing for the crime involved.

2912.

Use of grant
funds

(a)

In
general

A State or local
prosecutor who receives a grant under this part shall use such grant for
expenses of a qualified drug treatment program, including for the following
expenses:

(1)

Salaries,
personnel costs, equipment costs, and other costs directly related to the
operation of the program, including the enforcement unit.

(2)

Payments for substance abuse treatment
providers that are approved by the State and licensed, if necessary, to provide
alcohol and drug addiction treatment to eligible offenders participating in the
program, including aftercare supervision, vocational training, education, and
job placement.

(3)

Payments to public and nonprofit private
entities that are approved by the State and licensed, if necessary, to provide
alcohol and drug addiction treatment to offenders participating in the
program.

(b)

Supplement and
not supplant

Grants made under this part shall be used to
supplement, and not supplant, non-Federal funds that would otherwise be
available for programs described in such subsection.

2913.

Applications

To request a grant under this part, a State
or local prosecutor shall submit an application to the Attorney General in such
form and containing such information as the Attorney General may reasonably
require. Each such application shall contain the certification of the State or
local prosecutor that the program for which the grant is requested is a
qualified drug treatment program in accordance with this part.

2914.

Federal
share

The Federal share of a
grant made under this part shall not exceed 75 percent of the total costs of
the qualified drug treatment program funded by such grant for the fiscal year
for which the program receives assistance under this part.

2915.

Geographic
distribution

The Attorney
General shall ensure that, to the extent practicable, the distribution of
grants under this part is equitable and includes State or local
prosecutors—

(1)

in each State;
and

(2)

in rural,
suburban, and urban jurisdictions.

2916.

Reports and
evaluations

For each fiscal
year, each recipient of a grant under this part during such fiscal year shall
submit to the Attorney General a report with respect to the effectiveness of
activities carried out using that grant. Each report shall include an
evaluation in such form and containing such information as the Attorney General
may reasonably require. The Attorney General shall specify the dates on which
such reports shall be submitted.

2917.

Definitions

In this part:

(1)

State or local
prosecutor

The term State or local prosecutor means
any district attorney, State attorney general, county attorney, or corporation
counsel who has authority to prosecute criminal offenses under State or local
law.

(2)

Eligible
offender

The term eligible offender means an
individual who—

(A)

has been
convicted, pled guilty, or admitted guilt with respect to a crime for which a
sentence of imprisonment is required and has not completed such
sentence;

(B)

has never been
charged with or convicted of an offense, during the course of which—

(i)

the person
carried, possessed, or used a firearm or dangerous weapon; or

(ii)

there occurred
the use of force against the person of another, without regard to whether any
of the behavior described in clause (i) or (ii) is an element of the offense or
for which the person is charged or convicted;

(C)

does not have one
or more prior convictions for a felony crime of violence involving the use or
attempted use of force against a person with the intent to cause death or
serious bodily harm; and

(D)(i)

has received an
assessment for alcohol or drug addiction from a substance abuse professional
who is approved by the State and licensed by the appropriate entity to provide
alcohol and drug addiction treatment, as appropriate; and

(ii)

has been found to be in need of
substance abuse treatment because that offender has a history of substance
abuse that is a significant contributing factor to that offender’s criminal
conduct.

.

(b)

Authorization of
appropriations

Section 1001(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by adding
at the end the following new paragraph:

(26)

There are
authorized to be appropriated to carry out part DD such sums as may be
necessary for each of fiscal years 2008 and
2009.

.

114.

Grants for family
substance abuse treatment alternatives to incarceration

Title I of the Omnibus Crime Control and
Safe Streets Act (42 U.S.C. 3711 et seq.) is further amended by inserting after
Part II the following new part:

JJ

Grants for family
substance abuse treatment alternatives to incarceration

3001.

Grants
authorized

The Attorney
General may make grants to States, units of local government, territories, and
Indian tribes to develop, implement, and expand comprehensive and
clinically-appropriate family-based substance abuse treatment programs as
alternatives to incarceration for nonviolent parent drug offenders.

3002.

Use of grant
funds

Grants made to an entity
under
section 3001 for a program described in such
section may be used for the following:

(1)

Salaries,
personnel costs, facility costs, and other costs directly related to the
operation of the program.

Payments to public and nonprofit private
entities to provide substance abuse treatment to nonviolent parent drug
offenders participating in the program.

3003.

Program
requirements

A program for
which a grant is made under
section 3001 shall comply with the following
requirements:

(1)

The program shall ensure that all providers
of substance abuse treatment are approved by the State and are licensed, if
necessary, to provide medical and other health services.

(2)

The program shall provide for appropriate
coordination and consultation with the Single State Authority for Substance
Abuse (as defined in section 201(e) of the Second Chance Act of 2007) of the
State in which the program is located.

(3)

The program shall
consist of clinically-appropriate, comprehensive, and long-term family
treatment, including the treatment of the nonviolent parent drug offender, the
child of such offender, and any other appropriate member of the family of the
offender.

(4)

The program shall
be provided in a residential setting that is not a hospital setting or an
intensive outpatient setting.

(5)

The program shall
provide that if a nonviolent parent drug offender who participates in the
program does not successfully complete the program the offender shall serve an
appropriate sentence of imprisonment with respect to the underlying crime
involved.

(6)

The program shall ensure that a
determination is made as to whether or not a nonviolent drug offender has
completed the substance abuse treatment program.

(7)

The program shall
include the implementation of a system of graduated sanctions (including
incentives) that are applied based on the accountability of the nonviolent
parent drug offender involved throughout the course of the program to encourage
compliance with the program.

(8)

The program shall develop and implement a
reentry plan for each nonviolent parent drug offender that shall include
reinforcement strategies for family involvement as appropriate, relapse
strategies, support groups, placement in transitional housing, and continued
substance abuse treatment, as needed.

3004.

Definitions

In this part:

(1)

Nonviolent
parent drug offenders

The
term nonviolent parent drug offender means an offender who is a
parent of a minor and who is convicted of a drug (or drug-related) felony that
is a nonviolent offense.

(2)

Nonviolent
offense

The term nonviolent offense has the meaning
given such term under section 2991(a).

3005.

Authorization
of appropriations

There are
authorized to be appropriated to carry out this part $10,000,000 for each of
fiscal years 2008 and
2009.

.

115.

Prison-based
family treatment programs for incarcerated parents of minor
children

Title I of the
Omnibus Crime Control and Safe Streets Act (42 U.S.C. 3711 et seq.), is further
amended—

(1)

by redesignating
Part X at the end (relating to grants for sex offender apprehension and
juvenile sex offender treatment) as Part KK; and

(2)

by adding at the
end the following new part:

LL

Prison-based
family treatment programs for incarcerated parents of minor children

3021.

Grants
authorized

The Attorney
General may make grants to States, units of local government, territories, and
Indian tribes to provide prison-based family treatment programs for
incarcerated parents of minor children.

3022.

Use of grant
funds

An entity that receives
a grant under this part shall use amounts provided under the grant to—

(1)

develop,
implement, and expand prison-based family treatment programs in correctional
facilities for incarcerated parents with minor children, excluding from the
programs those parents with respect to whom there is reasonable evidence of
domestic violence or child abuse;

(2)

coordinate the design and implementation of
such programs between appropriate correctional facility representatives, the
Single State Authority for Substance Abuse (as defined in section 201(e) of the
Second Chance Act of 2007), and other appropriate governmental agencies;
and

(3)

develop and implement a pre-release
assessment and a reentry plan for each incarcerated parent scheduled to be
released to the community, and such plan shall include—

(A)

a treatment
program for the incarcerated parent to receive continuous substance abuse
treatment services and related support services, as needed;

(B)

a housing plan
during transition from incarceration to reentry, as needed;

(C)

a vocational or
employment plan, including training and job placement services; and

(D)

any other services
necessary to provide successful reentry into the community.

3023.

Program
requirements

A prison-based
family treatment program for incarcerated parents with respect to which a grant
is made shall comply with the following requirements:

(1)

The program shall
integrate techniques to assess the strengths and needs of immediate and
extended family of the incarcerated parent to support a treatment plan of the
incarcerated parent.

(2)

The program shall
ensure that each participant in the program has access to consistent and
uninterrupted care if transferred to a different correctional facility within
the State or other relevant entity.

(3)

The program shall be located in an area
separate from the general population of the prison or jail.

3024.

Applications

To be eligible for a grant under this part
for a prison-based family treatment program, an entity described in
section 3021 shall, in addition to any other
requirement specified by the Attorney General, submit an application to the
Attorney General in such form and manner and at such time as specified by the
Attorney General. Such application shall include a description of the methods
and measurements the entity will use for purposes of evaluating the program
involved and such other information as the Attorney General may reasonably
require.

3025.

Reports

An entity that receives a grant under this
part for a prison-based family treatment program during a fiscal year shall
submit to the Attorney General, not later than a date specified by the Attorney
General, a report that describes and evaluates the effectiveness of such
program during such fiscal year. Such evaluation shall be based on
evidence-based data and shall use the methods and measurements described in the
application of the entity for purposes of evaluating the program.

Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 115 of this Act, is further amended by adding at the end the
following new part:

MM

Grant program to
evaluate educational methods at prisons, jails, and juvenile
facilities

3031.

Grant program
to evaluate educational methods at prisons, jails, and juvenile
facilities

(a)

Grant program
authorized

The Attorney
General shall carry out a grant program under which the Attorney General makes
grants to States, units of local government, territories, Indian tribes, and
other public and private entities to—

(1)

evaluate methods
to improve academic and vocational education for offenders in prisons, jails,
and juvenile facilities; and

(2)

identify, and make
recommendations to the Attorney General regarding, best practices relating to
academic and vocational education for offenders in prisons, jails, and juvenile
facilities, based on the evaluation under
paragraph (1).

(b)

Application

To
be eligible for a grant under this section, a State or other entity described
in
subsection (a) shall submit to the
Attorney General an application in such form and manner and at such time as the
Attorney General specifies. Such application shall contain such information as
the Attorney General specifies.

(c)

Report

Not
later than 90 days after the last day of the final fiscal year for which an
entity described in
subsection (a) receives a grant under
such subsection, such an entity shall submit to the Attorney General a detailed
report of the aggregate findings and conclusions of the evaluation described in
subsection (a)(1), and the
recommendations to the Attorney General described in
subsection (a)(2).

(d)

Authorization of
appropriations

There are authorized to be appropriated—

(1)

to carry out
subsection (a)(1), $5,000,000 for each
of the fiscal years 2008 and 2009; and

(2)

to carry out
subsection (a)(2), $5,000,000 for each
of the fiscal years 2008 and 2009.

The Attorney General shall carry out a grant program
under which the Attorney General makes grants to States, units of local
government, territories, and Indian tribes for the purpose of improving the
academic and vocational education programs available to offenders in prisons,
jails, and juvenile facilities.

(b)

Application

To
be eligible for a grant under this section, an entity described in
subsection (a) shall submit to the
Attorney General an application in such form and manner and at such time as the
Attorney General specifies. Such application shall contain such information as
the Attorney General specifies.

(c)

Reports

An
entity that receives a grant under
subsection (a) during a fiscal year
shall, not later than the last day of the following fiscal year, submit to the
Attorney General a report that describes and assesses the uses of such
grant.

(d)

Authorization of
appropriations

There are authorized to be appropriated
$10,000,000 to carry out this section for each of fiscal years 2008 and
2009.

Section 20102(a)
of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13702(a)) is amended—

(1)

in paragraph (2)
by striking and at the end;

(2)

in paragraph (3)
by striking the period at the end and inserting ; and;
and

(3)

by adding at the
end the following new paragraph:

(4)

to carry out any
activity referred to in section 2976(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C.
3797w(b)).

.

II

Enhanced drug
treatment and mentoring grant programs

A

Drug
treatment

201.

Grants for
demonstration programs to reduce drug use and recidivism in long-term substance
abusers

(a)

Awards
required

The Attorney General
shall make competitive grants to eligible partnerships, in accordance with this
section, for the purpose of establishing demonstration programs to reduce the
use of alcohol and other drugs by supervised long-term substance abusers during
the period in which each such long-term substance abuser is in prison, jail, or
a juvenile facility, and until the completion of parole or court supervision of
such abuser.

(b)

Use of grant
funds

A grant made under subsection (a) to an eligible
partnership for a demonstration program, shall be used—

(1)

to support the efforts of the agencies,
organizations, and researchers included in the eligible partnership, with
respect to the program;

(2)

to develop and implement a program for
supervised long-term substance abusers during the period described in
subsection (a), which shall include—

(A)

alcohol and drug
abuse assessments that—

(i)

are
provided by a State-approved program; and

(ii)

provide adequate
incentives for completion of a comprehensive alcohol or drug abuse treatment
program, including through the use of graduated sanctions; and

(B)

coordinated and
continuous delivery of drug treatment and case management services during such
period; and

To
be eligible for a grant under subsection (a) for a demonstration program, an
eligible partnership shall submit to the Attorney General an application
that—

(1)

identifies the
role, and certifies the involvement, of each agency or organization involved in
such partnership, with respect to the program;

(2)

includes a plan for using judicial or other
criminal or juvenile justice authority to supervise the long-term substance
abusers who are participating in a demonstration program under this section,
including for—

(A)

administering drug
tests for such abusers on a regular basis; and

(B)

swiftly and
certainly imposing an established set of graduated sanctions for non-compliance
with conditions for reentry into the community relating to drug abstinence
(whether imposed as a pre-trial, probation, or parole condition, or
otherwise);

(3)

includes a plan to provide supervised
long-term substance abusers with coordinated and continuous services that are
based on evidence-based strategies that assist such abusers by providing such
abusers with—

(A)

drug treatment
while in prison, jail, or a juvenile facility;

(B)

continued
treatment during the period in which each such long-term substance abuser is in
prison, jail, or a juvenile facility, and until the completion of parole or
court supervision of such abuser;

(C)

addiction recovery support services;

(D)

employment
training and placement;

(E)

family-based
therapies;

(F)

structured post-release housing and
transitional housing, including housing for recovering substance abusers;
and

(G)

other services
coordinated by appropriate case management services;

(4)

includes a plan
for coordinating the data infrastructures among the entities included in the
eligible partnership and between such entities and the providers of services
under the demonstration program involved (including providers of technical
assistance) to assist in monitoring and measuring the effectiveness of
demonstration programs under this section; and

(5)

includes a plan to monitor and measure the
number of long-term substance abusers—

(A)

located in each
community involved; and

(B)

who improve the
status of their employment, housing, health, and family life.

(d)

Reports to
Congress

(1)

Interim
report

Not later than
September 30, 2008, the Attorney General shall submit to Congress a report that
identifies the best practices relating to the comprehensive and coordinated
treatment of long-term substance abusers, including the best practices
identified through the activities funded under this section.

(2)

Final
report

Not later than September 30, 2009, the Attorney General
shall submit to Congress a report on the demonstration programs funded under
this section, including on the matters specified in paragraph (1).

a researcher who has
experience in evidence-based studies that measure the effectiveness of treating
long-term substance abusers during the period in which such abusers are under
the supervision of the criminal or juvenile justice system involved;

Federal agencies
(such as the Drug Enforcement Agency, the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, and United States Attorney’s offices).

(2)

Long-term
substance abuser

The term
long-term substance abuser means an offender, who—

(A)

is in a prison,
jail, or juvenile facility;

(B)

has abused illegal
drugs or alcohol for a significant number of years; and

(C)

is scheduled to be
released from prison, jail, or a juvenile facility within the next 24
months.

(3)

Single State
Authority for Substance Abuse

The term Single State Authority for
Substance Abuse means an entity designated by the Governor or chief
executive officer of a State as the single State administrative authority
responsible for the planning, development, implementation, monitoring,
regulation, and evaluation of substance abuse services.

(f)

Authorization of
appropriations

There is
authorized to be appropriated to carry out this section $5,000,000 for each of
fiscal years 2008 and 2009.

202.

Grants for
demonstration programs by local partnerships to reduce illegal drug demand by
providing drug treatment

(a)

Grant awards
required

The Attorney General shall make competitive awards for
demonstration programs by eligible partnerships for the purpose of reducing
illegal drug demand by providing for drug treatment upon request programs
through evidence-based models of such programs that—

(1)

increase the
accessibility of such a program to any individual who requests to participate
in such program;

(2)

increase public awareness of the
availability of such programs; and

(3)

decrease the cost
of drug treatment.

(b)

Use of award
amounts

Grant amounts received under this section shall be
used—

(1)

to support the
efforts of the agencies, organizations, and researchers included in the
eligible partnership;

(2)

to develop a
program that provides drug treatment upon request—

(A)

at no cost to an
individual who participates in the program; and

(B)

within a
reasonable period to any individual that requests such treatment;

(3)

to increase
awareness of the availability of such a program to any individual that may be
interested in participating in such a program; and

(4)

to record the
outcomes of the program developed.

(c)

Reports to
Congress

(1)

Interim
report

Not later than
September 30, 2008 the Attorney General shall submit to Congress a report that
identifies the best practices in providing for drug treatment upon request
programs, including the best practices identified through the activities funded
under this section.

(2)

Final
report

Not later than September 30, 2009, the Attorney General
shall submit to Congress a report on the demonstration programs funded under
this section, including on the matters specified in paragraph (1).

(d)

Definitions

For
purposes of this section:

(1)

Drug treatment
upon request

The term drug treatment upon request
means a drug treatment program that provides to any individual who requests to
participate in such program full availability and accessibility to such program
without delay.

(2)

Eligible
partnership

The term
eligible partnership means a working group whose application to
the Attorney General—

(A)

identifies the
roles played, and certifies the involvement of, two or more agencies or
organizations, which may include—

(i)

State
or local agencies (such as those carrying out police, probation, prosecution,
courts, corrections, parole, or treatment functions);

(ii)

Federal agencies
(such as the Drug Enforcement Agency, the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, and United States Attorney offices); and

(iii)

community-based
organizations;

(B)

includes a
qualified researcher;

(C)

includes a plan
for identifying, with respect to the date of the enactment of this Act—

(i)

the
availability, as of such date, of each drug treatment upon request
program;

(ii)

the
demand, as of such date, for drug treatment that has not been met through
programs in existence before such date;

(iii)

the ease and
quality of access to drug treatment, as of such date; and

(iv)

the
criteria that have influenced the outcome of drug treatment upon request
programs; and

(D)

includes a plan
that describes the methodology and outcome measures proposed for evaluating the
impact of each model used for a drug treatment upon request program.

(e)

Authorization of
appropriations

There is
authorized to be appropriated to carry out this section $5,000,000 for each of
fiscal years 2008 and 2009.

203.

Offender drug
treatment incentive grants

(a)

Grant program
authorized

The Attorney General shall carry out a grant program
under which the Attorney General makes grants to States, units of local
government, territories, and Indian tribes in an amount described in
subsection (c) to improve the provision of
drug treatment to offenders in prisons, jails, and juvenile facilities.

(b)

Requirements for
application

To be eligible to
receive a grant under
subsection (a) for a given fiscal year, an
entity described in such subsection shall, in addition to any other
requirements specified by the Attorney General, submit to the Attorney General
an application that demonstrates that, with respect to offenders in prisons,
jails, and juvenile facilities who require drug treatment and who are in the
custody of the jurisdiction involved, during the previous fiscal year the
entity provided drug treatment meeting standards set forth by the Single State
Authority for Substance Abuse (as defined in section 201(e)) to a number of
such offenders that is two times the number of such offenders to whom the
entity provided such drug treatment in the fiscal year that was two years
before such given fiscal year. Such application shall be submitted in such form
and manner and at such time as specified by the Attorney General.

(c)

Allocation of
grant amounts based on drug treatment percent demonstrated

In allocating grant amounts under this
part, the Attorney General shall base the amount allocated to an entity for a
fiscal year on the percent of offenders described in
subsection (b) to whom the entity provided
drug treatment in the previous fiscal year, as demonstrated by the entity in
its application under such subsection.

(d)

Uses of
grants

A grant awarded to an entity under
subsection (a) shall be used—

(1)

for continuing and
improving drug treatment programs provided at prisons, jails, and juvenile
facilities of such entity; and

(2)

to
strengthen rehabilitation efforts for offenders by providing addiction recovery
support services, such as job training and placement, education, peer support,
mentoring, and other similar services.

(e)

Technical
assistance

The Attorney
General may provide technical assistance to any entity awarded a grant under
this section to establish or expand drug treatment services under this section
if such entity does not have any (or has only a few) prisons, jails, or
juvenile facilities that offer such services.

(f)

Reports

An
entity that receives a grant under
subsection (a) during a fiscal year shall,
not later than the last day of the following fiscal year, submit to the
Attorney General a report that describes and assesses the uses of such
grant.

(g)

Authorization of
appropriations

There are authorized to be appropriated
$10,000,000 to carry out this section for each of fiscal years 2008 and
2009.

204.

Ensuring
availability and delivery of new pharmacological drug treatment
services

(a)

Grant program
authorized

The Attorney General, through the National Institute
of Justice, and in consultation with the National Institute on Drug Abuse and
the Substance Abuse and Mental Health Services Administration, shall carry out
a grant program under which the Attorney General makes grants to States, units
of local government, territories, Indian tribes, and public and private
organizations to establish pharmacological drug treatment services as part of
the available drug treatment programs being offered by such grantees to
offenders who are in prison or jail.

(b)

Consideration of
pharmacological treatments

In awarding grants under this section
to eligible entities, the Attorney General shall consider—

(1)

the number and
availability of pharmacological treatments offered under the proposed or
existing program involved; and

(2)

the participation
of researchers who are familiar with evidence-based studies and are able to
measure the effectiveness of such treatments using randomized trials.

(c)

Applications

(1)

In
general

To be eligible for a
grant under this section, an entity described in subsection (a) shall submit to
the Attorney General an application in such form and manner and at such time as
the Attorney General specifies.

(2)

Information
required

An application submitted under paragraph (1)
shall—

(A)

provide assurances
that grant funds will be used only toward a program that is created in
coordination with (or approved by) the Single State Authority for Substance
Abuse, as defined in section 201(e), of the State involved to ensure
pharmacological drug treatment services provided under such program are
clinically appropriate;

(B)

demonstrate how pharmacological drug
treatment services offered under the proposed or existing program are part of a
clinically-appropriate and comprehensive treatment plan; and

(C)

contain such other
information as the Attorney General specifies.

(d)

Reports

An
entity that receives a grant under subsection (a) during a fiscal year shall,
not later than the last day of the following fiscal year, submit to the
Attorney General a report that describes and assesses the uses of such
grant.

(e)

Authorization of
appropriations

There are authorized to be appropriated
$10,000,000 to carry out this section for each of fiscal years 2008 and
2009.

205.

Study of
effectiveness of depot naltrexone for heroin addiction

(a)

Grant program
authorized

The Attorney
General, through the National Institute of Justice, and in consultation with
the National Institute on Drug Abuse, shall carry out a grant program under
which the Attorney General makes grants to public and private research entities
(including consortia, single private research entities, and individual
institutions of higher education) to evaluate the effectiveness of depot
naltrexone for the treatment of heroin addiction.

(b)

Evaluation
program

To be eligible to receive a grant under this section, an
entity described in subsection (a) shall submit to the Attorney General an
application that—

(1)

contains such
information as the Attorney General specifies, including information that
demonstrates that—

(A)

the applicant
conducts research at a private or public institution of higher
education;

(B)

the applicant has
an established or proposed plan to work with parole officers or probation
officers for offenders who are under court supervision; and

(C)

the evaluation described in subsection (a)
will measure the effectiveness of such treatments using randomized trials;
and

(2)

is
in such form and manner and at such time as the Attorney General
specifies.

(c)

Reports

An
entity that receives a grant under subsection (a) during a fiscal year shall,
not later than the last day of the following fiscal year, submit to the
Attorney General a report that describes and assesses the uses of such
grant.

(d)

Authorization of
appropriations

There are authorized to be appropriated $5,000,000
to carry out this section for each of fiscal years 2008 and 2009.

B

Job
training

211.

Technology
careers training demonstration grants

(a)

Authority To
make grants

From amounts made available to carry out this
section, the Attorney General shall make grants to States, units of local
government, territories, and Indian tribes to provide technology career
training to prisoners.

(b)

Use of
funds

Grants awarded under subsection (a) may be used for
establishing a technology careers training program to train prisoners during
the 3-year period before release from prison, jail, or a juvenile facility for
technology-based jobs and careers.

(c)

Reports

Not
later than the last day of each fiscal year, an entity that receives a grant
under subsection (a) during the preceding fiscal year shall submit to the
Attorney General a report that describes and assesses the uses of such grant
during the preceding fiscal year.

(d)

Authorization of
appropriations

There are authorized to be appropriated to carry
out this section $5,000,000 for each of fiscal years 2008 and 2009.

C

Mentoring

221.

Mentoring
grants to nonprofit organizations

(a)

Authority To
make grants

From amounts made available to carry out this
section, the Attorney General shall make grants to nonprofit organizations for
the purpose of providing mentoring and other transitional services essential to
reintegrating offenders into the community.

(b)

Use of
funds

Grant funds awarded under subsection (a) may be used
for—

(1)

mentoring adult
and juvenile offenders during incarceration, through transition back to the
community, and post-release;

(2)

transitional
services to assist in the reintegration of offenders into the community;
and

(3)

training regarding
offender and victims issues.

(c)

Application;
priority consideration

(1)

In
general

To be eligible to receive a grant under this section, a
nonprofit organization shall submit an application to the Attorney General
based on criteria developed by the Attorney General.

(2)

Priority
consideration

Priority consideration shall be given to any
application that—

(A)

includes a plan to
implement activities that have been demonstrated effective in facilitating the
successful reentry of offenders; and

(B)

provides for an
independent evaluation that includes, to the maximum extent feasible, random
assignment of offenders to program delivery and control groups.

(d)

Strategic
performance outcomes

The Attorney General shall require each
applicant under this section to identify specific performance outcomes related
to the long-term goal of stabilizing communities by reducing recidivism (using
a measure that is consistent with the research undertaken by the Bureau of
Justice Statistics pursuant to section 241(b)(6)), and reintegrating offenders
into society.

(e)

Reports

Not
later than the last day of each fiscal year, an entity that receives a grant
under subsection (a) during the preceding fiscal year shall submit to the
Attorney General a report that describes and assesses the uses of such grant
during the preceding fiscal year and that identifies the progress of the
grantee toward achieving its strategic performance outcomes.

(f)

Authorization of
appropriations

There are
authorized to be appropriated to the Attorney General to carry out this section
$15,000,000 for each of fiscal years 2008 and 2009.

222.

Bureau of
Prisons policy on mentoring contacts

(a)

In
general

Not later than 90
days after the date of enactment of this Act, the Director of the Bureau of
Prisons shall, in order to promote stability and continued assistance to
offenders after release from prison, adopt and implement a policy to ensure
that persons who provide mentoring services to incarcerated offenders are
permitted to continue such services after the offender is released from prison.
The policy shall permit the continuation of such mentoring services unless the
Director can demonstrate that such services would be a significant security
risk to the offender, incarcerated offenders, persons who provide such
services, or any other person.

(b)

Report

Not
later than September 30, 2008, the Director of the Bureau of Prisons shall
submit to Congress a report on the extent to which the policy described in
subsection (a) has been implemented and
followed.

D

Administration of
Justice reforms

1

Improving Federal
Offender Reentry

231.

Federal
prisoner reentry program

(a)

Establishment

The
Director of the Bureau of Prisons (hereinafter in this chapter referred to as
the Director) shall establish a prisoner reentry program
(referred to in this section as the Program) to prepare
prisoners for release and successful reentry into the community.

(b)

Program
elements

The Program shall provide for the following, in
accordance with this section:

(1)

Voluntary
enrollment

Voluntary enrollment for prisoners meeting enrollment
criteria established by the Director, provided such criteria provides that a
prisoner may not enroll in the Program any earlier than the first day of the
two-year period preceding the prisoner’s expected release date.

(2)

Program
phases

An initial
institutional phase, a transitional institution phase, and a transitional
community phase under
subsection (c), during each of which each
prisoner enrolled in the Program receives reentry education (as described in
subsection (e)).

(3)

Program
incentives

Program incentives described in
subsection (d) for prisoners meeting the
phase requirements of the Program.

(c)

Program
phases

The Program shall include the following phases:

(1)

Initial
institutional phase

An initial institutional phase for prisoners
enrolled in the Program at each Federal institution and, to the extent
feasible, in an area set apart from the general prison population.

(2)

Transitional
institution phase

A transitional institution phase at each
Federal institution for prisoners that have completed the initial institutional
phase but have not yet been released or placed in pre-release custody.

(3)

Transitional
community phase

A transitional community phase at each community
corrections facility for prisoners that have completed the initial
institutional phase, have remained eligible during the transitional institution
phase, and have been transferred to a community corrections facility.

(d)

Program
incentives

(1)

In
general

Subject to
paragraph (4), under the Program a
prisoner eligible under
paragraph (2) for Program incentives
may receive any of the following incentives:

(A)

Temporary release
for reentry preparation purposes.

(B)

The maximum
allowable period in a community corrections facility.

(C)

Early release, but
not earlier than the date that is one year before the prisoner’s original
scheduled release.

(D)

Such other
incentives as the Director considers appropriate.

(2)

Eligibility for
incentives

(A)

Initial
institutional phase

To be eligible for Program incentives during
the initial institutional phase, a prisoner must successfully complete 500
hours of reentry education before the end of the one-year period beginning on
the date of the prisoner’s enrollment in the Program.

(B)

Transitional
institution phase

To remain
eligible for Program incentives during the transitional institution phase, a
prisoner must successfully complete two hours of reentry education during each
month—

(i)

beginning after
the month the prisoner completes the initial institutional phase; and

(ii)

ending before the
month the prisoner is released or placed in pre-release custody.

(C)

Transitional
community phase

To remain
eligible for Program incentives during the transitional community phase, a
prisoner must successfully complete one hour of reentry education during each
month—

(i)

beginning after
the month of the prisoner’s transfer to a community corrections facility;
and

(ii)

ending before the
month the prisoner is released.

(3)

Revocation of
incentives

If a prisoner fails to meet the eligibility
requirements to receive Program incentives during a given phase of the Program,
the Director may revoke any Program incentive granted to the prisoner.

(4)

Limitations

(A)

Considering
public safety

When considering whether to grant a Program
incentive to a prisoner, the Director shall take into account the prisoner’s
behavior while imprisoned and history of criminal conduct to determine whether
granting such incentive would endanger the safety of the public.

(B)

Ineligibility
under other provision of law

For purposes of this subsection, any
prisoner who is ineligible for a Program incentive by operation of any other
provision of law shall be ineligible for such incentive.

(e)

Program reentry
education

For purposes of
subsection (b)(2), reentry education
shall include classes and activities designed to prepare prisoners for release
and successful reentry into the community. Each such class or activity shall
relate to one or more of the following categories:

(1)

Health and
nutrition issues a prisoner may face after release.

(2)

Finding employment
and preparation for reentry and assimilation into the workforce.

(3)

Dealing with
personal money management and financial planning.

(4)

Familiarization
with available community resources, including housing availability and public
welfare benefits and services.

(5)

Familiarization
with release procedures, including prisoner compliance with pre-release and
release requirements.

(6)

Social skills,
family relationships and development, and relapse prevention.

(f)

Definition

For
purposes of this section and section 232, the term prisoner means
an individual committed to the custody of the Bureau of Prisons under section
3621 of title 18, United States Code. Such term does not include an individual
confined in a non-Federal facility.

232.

Identification
and release assistance for Federal prisoners

(a)

Obtaining
identification

The Director of the Bureau of Prisons shall assist
prisoners in obtaining identification (including social security card, driver’s
license, or birth certificate) prior to release.

(b)

Assistance
developing release plan

If a direct-release prisoner so requests,
a representative of the United States Probation System shall, prior to the
prisoner’s release, help the prisoner develop a release plan.

(c)

Direct-release
prisoner defined

In this
section, the term direct-release prisoner means a prisoner who is
scheduled for release and will not be placed in pre-release custody.

233.

Improved
reentry procedures for Federal prisoners

The Attorney General shall take such steps
as are necessary to modify the procedures and policies of the Department of
Justice with respect to the transition of offenders from the custody of the
Bureau of Prisons to the community—

(1)

to enhance case
planning and implementation of reentry programs, policies, and guidelines;
and

(2)

to
improve such transition to the community, including placement of such
individuals in community corrections facilities.

234.

Duties of the
Bureau of Prisons

(a)

Duties of the
Bureau of Prisons expanded

Section 4042(a) of title 18, United States
Code, is amended—

(1)

in paragraph (4),
by striking and at the end;

(2)

in paragraph (5),
by striking the period and inserting a semicolon; and

(3)

by adding at the
end the following:

(6)

provide for pre-release planning procedures
for prisoners to ensure eligibility for Federal and State benefits upon release
(including benefits under the old-age, survivors, and disability insurance
program under title II of the Social Security Act, the supplemental security
income program under title XVI of such Act, the Medicare program under title
XVIII of such Act, the Medicaid program under title XIX of such Act, and a
program of the Department of Veterans Affairs under title 38) is established
prior to release, subject to any limitations in law;

(7)

include as part of the standard intake
procedures for offenders entering Federal custody the collection of information
regarding the dependent children of such an offender, including the number,
age, and residence of such children;

(8)

ensure that all
policies, practices, and facilities of the Bureau of Prisons support the
relationship between parent and child; and

(9)

identify and
address the training needs of employees of the Bureau of Prisons with respect
to the effect of incarceration on children, families, and communities,
age-appropriate interactions, and community resources for the families of
offenders.

.

(b)

Measuring the
removal of obstacles to reentry

(1)

Program
required

The Director shall carry out a program under which each
institution within the Bureau of Prisons codes the reentry needs and deficits
of inmates as identified by an assessment tool that is used to produce an
individualized skills development plan for each inmate.

(2)

Tracking

In
carrying out the program under this subsection, the Director shall
quantitatively track, by institution and Bureau-wide, the progress in
responding to the reentry needs and deficits of individual inmates.

(3)

Annual
report

On an annual basis, the Director shall prepare and submit
to the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report that documents the progress
of each institution within the Bureau, and of the Bureau as a whole, in
responding to the reentry needs and deficits of inmates. The report shall be
prepared in a manner that groups institutions by security level to allow
comparisons of similar institutions.

(4)

Evaluation

The
Director shall—

(A)

implement a formal
standardized process for evaluating each institution’s success in enhancing
skills and resources to assist in reentry; and

(B)

ensure
that—

(i)

each
institution is held accountable for low performance under such an evaluation;
and

(ii)

plans for
corrective action are developed and implemented as necessary.

(c)

Measuring and
improving recidivism outcomes

(1)

Annual report
required

(A)

In
general

At the end of each
fiscal year, the Director shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of Representatives a
report containing the statistics demonstrating the relative reduction in
recidivism for inmates released by the Bureau of Prisons within that fiscal
year and the 2 prior fiscal years, comparing inmates who participated in major
inmate programs (including residential drug treatment, vocational training, and
prison industries) with inmates who did not participate in such programs. Such
statistics shall be compiled separately for each such fiscal year.

(B)

Scope

A report under this paragraph is not
required to include statistics for a fiscal year that begins before the date of
the enactment of this Act.

(C)

Contents

Each report under this section shall
provide the recidivism statistics for the Bureau of Prisons as a whole, and
separately for each institution of the Bureau.

(2)

Measure
used

In preparing the reports
required by subsection (a), the Director shall, in consultation with the
Director of the Bureau of Justice Statistics, select a measure for recidivism
(such as rearrest, reincarceration, or any other valid, evidence-based measure)
that the Director considers appropriate and that is consistent with the
research undertaken by the Bureau of Justice Statistics pursuant to section
241(b)(6).

(3)

Goals

(A)

In
general

After the Director submits the first report required by
paragraph (1), the Director shall establish goals for reductions in recidivism
rates and shall work to attain those goals.

(B)

Contents

The goals established under subparagraph
(A) shall use the relative reductions in recidivism measured for the fiscal
year covered by that first report as a baseline rate, and shall include—

(i)

a
5-year goal to increase, at a minimum, the baseline relative reduction rate by
2 percent within 5 fiscal years; and

(ii)

a 10-year goal to increase, at a minimum,
the baseline relative reduction rate by 5 percent within 10 fiscal
years.

(d)

Format

Any written information that the Bureau of
Prisons provides to inmates for reentry planning purposes shall use common
terminology and language.

(e)

Medical
care

The Bureau of Prisons shall provide the United States
Probation and Pretrial Services System with relevant information on the medical
care needs and the mental health treatment needs of inmates scheduled for
release from custody. The United States Probation and Pretrial Services System
shall take this information into account when developing supervision plans in
an effort to address the medical care and mental health care needs of such
inmates. The Bureau of Prisons shall provide inmates with a sufficient amount
of all necessary medications (which will normally consist of, at a minimum, a
2-week supply of such medications) upon release from custody.

235.

Authorization
of appropriations for Bureau of Prisons

There are authorized to be appropriated to
the Director to carry out sections 231, 232, 233, and 234 of this chapter,
$5,000,000 for each of the fiscal years 2008 and 2009.

236.

Encouragement
of employment of former prisoners

The Attorney General shall take such steps
as are necessary to implement a program to educate employers about existing
incentives for hiring former Federal, State, or local prisoners, including the
Federal bonding program and tax credits.

237.

Elderly
nonviolent offender pilot program

(a)

Program
established

(1)

In
general

Notwithstanding section 3624 of title 18, United States
Code, or any other provision of law, the Director shall conduct a pilot program
to determine the effectiveness of removing each eligible elderly offender from
a Bureau of Prison facility and placing such offender on home detention until
the date on which the term of imprisonment to which the offender was sentenced
expires.

(2)

Timing of
placement in home detention

(A)

In
general

In carrying out the pilot program under paragraph (1),
the Director shall—

(i)

in
the case of an offender who is determined to be an eligible elderly offender on
or before the date specified in subparagraph (B), place such offender on home
detention not later than 180 days after the date of the enactment of this Act;
and

(ii)

in
the case of an offender who is determined to be an eligible elderly offender
after the date specified in subparagraph (B) and before the date that is 3
years and 91 days after the date of the enactment of this Act, place such
offender on home detention not later than 90 days after the date of such
determination.

(B)

Date
specified

For purposes of subparagraph (A), the date specified in
this subparagraph is the date that is 90 days after the date of the enactment
of this Act.

(3)

Violation of
terms of home detention

A violation by an eligible elderly
offender of the terms of the home detention, including the commission of
another Federal, State, or local crime, shall result in the removal of the
offender from home detention and the return of the offender to the designated
Bureau of Prisons institution in which the offender was imprisoned immediately
before placement on home detention under paragraph (1).

(b)

Scope of pilot
program

(1)

Participating
designated facilities

The pilot program under subsection (a)
shall be conducted through at least 1 Bureau of Prisons institution designated
by the Director as appropriate for the pilot program.

(2)

Duration

The
pilot program shall be conducted during each of fiscal years 2008 and
2009.

(c)

Program
evaluation

(1)

In
general

The Director shall contract with an independent
organization to monitor and evaluate the progress of each eligible elderly
offender placed on home detention under subsection (a)(1) for the period such
offender is on home detention during the duration described in subsection
(b)(2).

(2)

Annual
report

The organization described in paragraph (1) shall annually
submit to the Director and to Congress a report on the pilot program under
subsection (a)(1), which shall include—

(A)

an evaluation of
the effectiveness of the pilot program in providing a successful transition for
eligible elderly offenders from incarceration to the community, including data
relating to the recidivism rates for such offenders; and

(B)

the cost savings to
the Federal Government resulting from the early removal of such offenders from
incarceration.

(3)

Program
adjustments

Upon review of the report submitted under paragraph
(2), the Director shall submit recommendations to Congress for adjustments to
the pilot program, including its expansion to additional facilities.

(d)

Definitions

In
this section:

(1)

Eligible elderly
offender

The term eligible elderly offender means an
offender in the custody of the Bureau of Prisons who—

(A)

is not less than
60 years of age;

(B)

is serving a term
of imprisonment after conviction for an offense other than a crime of violence
and has served the greater of 10 years or 1/2 of the term
of imprisonment;

(C)

has not been
convicted in the past of any Federal or State crime of violence;

(D)

has not been
determined by the Bureau of Prisons, on the basis of information the Bureau
uses to make custody classifications, and in the sole discretion of the Bureau,
to have a history of violence; and

(E)

has not escaped, or
attempted to escape, from a Bureau of Prisons institution.

(2)

Home
detention

The term home detention has the same
meaning given the term in the Federal Sentencing Guidelines, and includes
detention in a nursing home or other residential long-term care
facility.

(3)

Term of
imprisonment

The term term of imprisonment includes
multiple terms of imprisonment ordered to run consecutively or concurrently,
which shall be treated as a single, aggregate term of imprisonment for purposes
of this section.

(e)

Authorization of
appropriations

There are authorized to be appropriated to carry
out this section $5,000,000 for each of fiscal years 2008 and 2009.

2

Reentry
research

241.

Offender reentry
research

(a)

National
institute of justice

From amounts made available to carry out
this Act, the National Institute of Justice may conduct research on juvenile
and adult offender reentry, including—

(1)

a
study identifying the number and characteristics of minor children who have had
a parent incarcerated, and the likelihood of such minor children becoming
involved in the criminal justice system some time in their lifetime;

(2)

a
study identifying a mechanism to compare rates of recidivism (including
rearrest, violations of parole, probation, post-incarceration supervision, and
reincarceration) among States; and

(3)

a
study on the population of offenders released from custody who do not engage in
recidivism and the characteristics (housing, employment, treatment, family
connection) of that population.

(b)

Bureau of
justice statistics

From amounts made available to carry out this
Act, the Bureau of Justice Statistics may conduct research on offender reentry,
including—

(1)

an analysis of
special populations, including prisoners with mental illness or substance abuse
disorders, female offenders, juvenile offenders, offenders with limited English
proficiency, and the elderly, that present unique reentry challenges;

(2)

studies to
determine who is returning to prison, jail, or a juvenile facility and which of
those returning prisoners represent the greatest risk to victims and community
safety;

(3)

annual reports on
the profile of the population coming out of prisons, jails, and juvenile
facilities;

(4)

a
national recidivism study every 3 years;

(5)

a
study of parole, probation, or post-incarceration supervision violations and
revocations; and

(6)

a study concerning the most appropriate
measure to be used when reporting recidivism rates (whether rearrest,
reincarceration, or any other valid, evidence-based measure).

242.

Grants to study
parole or post-incarceration supervision violations and revocations

(a)

Grants
authorized

From amounts made
available to carry out this section, the Attorney General may award grants to
States to study and to improve the collection of data with respect to
individuals whose parole or post-incarceration supervision is revoked, and
which such individuals represent the greatest risk to victims and community
safety.

(b)

Application

As
a condition of receiving a grant under this section, a State shall—

(1)

certify that the
State has, or intends to establish, a program that collects comprehensive and
reliable data with respect to individuals described in subsection (a),
including data on—

(A)

the number and
type of parole or post-incarceration supervision violations that occur with the
State;

(B)

the reasons for
parole or post-incarceration supervision revocation;

(C)

the underlying
behavior that led to the revocation; and

(D)

the term of
imprisonment or other penalty that is imposed for the violation; and

(2)

provide the data
described in paragraph (1) to the Bureau of Justice Statistics, in a form
prescribed by the Bureau.

(c)

Analysis

Any
statistical analysis of population data under this section shall be conducted
in accordance with the Federal Register Notice dated October 30, 1997, relating
to classification standards.

(d)

Authorization of
appropriations

There are authorized to be appropriated to carry
out this section $1,000,000 for each of fiscal years 2008 and 2009.

243.

Addressing the needs
of children of incarcerated parents

(a)

Best
practices

The Attorney
General shall collect data and develop best practices of State corrections
departments and child protection agencies relating to the communication and
coordination between such State departments and agencies to ensure the safety
and support of children of incarcerated parents (including those in foster care
and kinship care), and the support of parent-child relationships between
incarcerated (and formerly incarcerated) parents and their children, as
appropriate to the health and well-being of the children. Such best practices
shall include information related to policies, procedures, and programs that
may be used by States to address—

(1)

maintenance of the
parent-child bond during incarceration;

(2)

parental
self-improvement; and

(3)

parental
involvement in planning for the future and well-being of their children.

(b)

Dissemination to
States

Not later than 1 year after the date of the enactment of
this Act, the Attorney General shall disseminate to States and other relevant
entities the best practices described in
subsection (a).

(c)

Sense of
Congress

It is the sense of Congress that States and other
relevant entities should use the best practices developed and disseminated in
accordance with this section to evaluate and improve the communication and
coordination between State corrections departments and child protection
agencies to ensure the safety and support of children of incarcerated parents
(including those in foster care and kinship care), and the support of
parent-child relationships between incarcerated (and formerly incarcerated)
parents and their children, as appropriate to the health and well-being of the
children.

3

Correctional
reforms to existing law

251.

Clarification
of authority to place prisoner in community corrections

(a)

Pre-release
custody

(1)

Amendment

Section
3624(c) of title 18, United States Code, is amended to read as follows:

(c)

Pre-release
Custody

(1)

In
general

The Director of the Bureau of Prisons shall, to the
extent practicable, ensure that a prisoner serving a term of imprisonment
spends a portion of the final months of such term (not to exceed 12 months),
under conditions that will afford the prisoner a reasonable opportunity to
adjust to and prepare for the prisoner's reentry into the community. Such
conditions may include a community correctional facility.

(2)

Home confinement
authority

The authority provided by this subsection may be used
to place a prisoner in home confinement for the last 10 percent of the term of
imprisonment or the final 6 months of such term, whichever is shorter.

(3)

Assistance

The
United States Probation System shall, to the extent practicable, offer
assistance to a prisoner during such pre-release custody.

(4)

No
limitations

Nothing in this subsection shall be construed to
limit or restrict the authority of the Director of the Bureau of Prisons
granted under section 3621 of this title.

(5)

Reporting

Not
later than 1 year after the date of enactment of the
Second Chance Act of 2007 (and
every year thereafter), the Director of the Bureau of Prisons shall transmit to
the Committees on the Judiciary of the Senate and the House of Representatives
a report describing the Bureau's utilization of community corrections
facilities. Such report shall set forth the number and percentage of Federal
prisoners placed in community corrections facilities during the preceding year,
the average length of such placements, trends in such utilization, the reasons
some prisoners are not placed in community corrections facilities, and any
other information that may be useful to the committees in determining if the
Bureau is utilizing community corrections facilities in an effective
manner.

(6)

Issuance of
regulations

Not later than 90 days after the date of enactment of
the Second Chance Act of 2007,
the Director of Bureau of Prisons shall issue regulations pursuant to this
subsection, which shall include modifications to section 570.21 of the Bureau’s
regulations (28 C.F.R. 570.21), to ensure that such section is in accordance
with the provisions of this
subsection.

.

(2)

Applicability of
amendment

The amendment made
by this subsection shall apply with respect to any prisoner who—

(A)

is serving a term
of imprisonment on the date of enactment of this Act;

(B)

has been sentenced to a term of
imprisonment before the date of enactment of this Act, but who has not begun to
serve such sentence on such date of enactment; or

(C)

is sentenced to a term of imprisonment on
or after the date of enactment of this Act.

(b)

Courts may not
require a sentence of imprisonment To be served in a community corrections
facility

Section 3621(b) of title 18, United States Code, is
amended by adding at the end the following: Any order, recommendation,
or request by a sentencing court that a convicted person serve a term of
imprisonment in a community corrections facility has no binding effect on the
discretionary authority of the Bureau under this section to determine or change
the place of imprisonment of that person..

252.

Residential drug
abuse program in Federal prisons

Section 3621(e)(5)(A) of title 18, United
States Code, is amended by striking means a course of and all
that follows and inserting the following: means a course of individual
and group activities and treatment, lasting at least 6 months, in residential
treatment facilities set apart from the general prison population, which may
include the use of pharmocotherapies, where appropriate, that may extend beyond
the 6-month period;.

253.

Medical care
for prisoners

Section 3621 of
title 18, United States Code, is further amended by adding at the end the
following new subsection:

(g)

Continued access
to medical care

(1)

In
general

In order to ensure a
minimum standard of health and habitability, the Bureau of Prisons shall ensure
that each prisoner in a community confinement facility has access to necessary
medical care, mental health care, and medicine.

(2)

Definition

In
this subsection, the term community confinement has the meaning
given that term in the application notes under section 5F1.1 of the Federal
Sentencing Guidelines Manual, as in effect on the date of the enactment of the
Second Chance Act of
2007.

.

254.

Contracting for
services for post-conviction supervision offenders

Section
3672 of title 18, United States Code, is amended by inserting after the third
sentence in the seventh paragraph the following new sentence: He also
shall have the authority to contract with any appropriate public or private
agency or person to monitor and provide services to any offender in the
community, including treatment, equipment and emergency housing, corrective and
preventative guidance and training, and other rehabilitative services designed
to protect the public and promote the successful reentry of the offender into
the community..

May 9, 2007

Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed